V RENGARAJAN Vs. NADIAMMAN KOIL DEVASTHANAM

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the District Munsif, Pattukkottai dated 13.01.2003 in Check Slip No.561/XXVI/5 in O.S.No.45 of 2000 ordering for an Enquiry under Sec.19 of Tamil Nadu Court Fees and Suit Valuation Act, 1955.

(2.) THE relevant facts for the disposal of the Petition could briefly be stated thus: - THE Suit in O.S.No.45 of 2000 on the file of District Munsif, Pattukkottai relates to the property in Old S.No.187 in New Survey No.47/2 to an extent of 60 Kuzhis, measuring 2733 square metres or 29,424 square feet. Case of the Plaintiffs is that the Suit Property was notified and taken over by the Government of Tamil Nadu under Tamil Nadu Estate Abolition Act XXVI of 1948. For a portion of the Property, Burmah Shell Company has become the Successor in interest. Having purchased the property from M/s.Asiatic Petroleum Company, the Suit Property was sold to the First Plaintiff while he was a minor by the said Burmah Shell Company Limited by the Sale Deed dated 27.02.1970. After the village was taken over by the Government, the First Plaintiff applied for Patta; but when he came to know that the Officer has been conducting the Enquiry only under Sec.15 of the Tamil Nadu Estate Abolition Act, the First Plaintiff withdrew the Application since the Suit land happened to be ryotwari land and the application filed under Sec.11 of the Act and not under Sec.15 of the Act XXVI of 1948.

(3.) AGGRIEVED against the order of Enquiry Under Sec.19 of Court Fees Act, the Plaintiffs have preferred this Civil Revision Petition.